Success on Strike-Out Application Gives “Photo-Me” Passport to Trial

12 Dec 2011

Of the many grey areas in public procurement law, one of the most vexed is the extent to which procurements which fall outside the scope of the applicable EU Directives are still subject to some form of legal control. The recent judgment of Judge Havelock-Allan QC in Photo Me International v Network Rail Infrastructure Limited [2011] EWHC 3168, considered these questions in the context of an (ultimately unsuccessful) strike out application by Network Rail. Because the judgment only concerns a strike out application, it does not resolve all the issues arising once and for all, and hence those seeking greater clarity in this important area are likely to be tantalised and frustrated in equal measure. However, the Judgment does make an interesting contribution to the continuing debate in this highly controversial sphere.